United States v. Kapple

Opinion of the Court

GIERKE, Judge:

A military judge sitting as a special court-martial convicted appellant, contrary to his pleas, of missing movement through neglect, in violation of Article 87, Uniform Code of Military Justice, 10 USC § 887. The approved sentence provides for a bad-conduct discharge, confinement and partial forfeitures for 2 months, and reduction to the lowest enlisted grade. The Court of Military Review affirmed the findings and sentence. 36 MJ 1119 (1993).

This Court granted review of the following issue:

WHETHER THE EVIDENCE ADDUCED AT TRIAL IS LEGALLY INSUFFICIENT TO…